People v. Hazelton

Appellate Division of the Supreme Court of New York

People v. Hazelton

75 A.D.2d 694, 427 N.Y.S.2d 95, 1980 N.Y. App. Div. LEXIS 11161

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 24, 1980

StatusPublished

Cited by2 cases

This text of 75 A.D.2d 694 (People v. Hazelton) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Hazelton, 75 A.D.2d 694, 427 N.Y.S.2d 95, 1980 N.Y. App. Div. LEXIS 11161 (N.Y. Ct. App. 1980).

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Opinion

Appeal from a judgment of the County Court of Broome County, rendered January 3, 1979, upon a verdict convicting defendant of the crime of robbery in the first degree. Contrary to defendant’s argument, we find nothing unduly suggestive in the lineup conducted by the police in which he was identified by the robbery victim. It might have been better practice to include more individuals of defendant’s apparent age in the grouping, but he did not establish that the lineup actually conducted posed a substantial risk of mistaken identification (cf. United States v Wade, 388 US 218), and the victim’s in-court recognition of defendant was largely based on the events of the robbery itself. In light of defendant’s prior criminal record and the evident degree of his participation in the instant offense, we also reject his additional contention that the sentence imposed was harsh or excessive. Judgment affirmed. Mahoney, P. J., Greenblott, Sweeney, Kane and Staley, Jr., JJ., concur.

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Appeal from a judgment of the County Court of Broome County, rendered January 3, 1979, upon a verdict convicting defendant of the crime of robbery in the first degree. Contrary to defendant’s argument, we find nothing unduly suggestive in the lineup conducted by the police in which he was identified by the robbery victim. It might have been better practice to include more individuals of defendant’s apparent age in the grouping, but he did not establish that the lineup actually conducted posed a substantial risk of mistaken identification (cf. United States v Wade, 388 US 218), and the victim’s in-court recognition of defendant was largely based on the events of the robbery itself. In light of defendant’s prior criminal record and the evident degree of his participation in the instant offense, we also reject his additional contention that the sentence imposed was harsh or excessive. Judgment affirmed. Mahoney, P. J., Greenblott, Sweeney, Kane and Staley, Jr., JJ., concur.

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Bluebook (online)

75 A.D.2d 694, 427 N.Y.S.2d 95, 1980 N.Y. App. Div. LEXIS 11161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hazelton-nyappdiv-1980.

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